Loading...
HomeMy WebLinkAbout96-008 CC Resolution RESOLUTION NO. 96-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SUMMARILY VACATING AN EXISTING THIRTY-SIX FOOT (36') ACCESS OPENING EXCEPTION TO RESTRICTED ABUTTERS RIGHTS FOR PARCEL 5 OF PARCEL MAP 22300 LOCATED ON JEF'FERSONAVENUEBETWEENOVERLANDDRIVEAND VIA MONTEZUMA DRIVE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: a. The "Owner's Statement" of Parcel Map 22300 provides for the dedication of certain property within the boundary of the Parcel Map for street and public utility purposes (known as "Jefferson Avenue"). b. The Owner's Statement further provides that the Owner will have no rights of access to Jefferson Avenue, except for the general right of travel, and specifically excepts therefrom "one thirty-six foot access opening in Parcel number 5". The legal description of said Access Opening for Parcel 5 is set forth on Exhibit A, attached hereto and incorporated herein by this reference. c. The Owner of Parcel 5 of Parcel Map 22300 (hereinafter "Owner") now desires to relocate the Access Opening for Parcel 5 by creating a new access opening on Parcel 5. d. The City desires to effectuate the intention of the Owner by vacating the Access Opening for Parcel 5 and accept the relocated access opening for Parcel 5. e. Streets and Highways Code Section 8333 provides the authority for the City Council to summarily vacate an access easement if the easement has been superseded by relocation and there are no other public facilities located within the easement. f. The Access Opening for Parcel 5 contains no public facilities and said access easements are no longer necessary because the access opening will be relocated to another portion of Parcel Map 22300 as a condition of this vacation. Section 2. The Access Opening for Parcel 5, as legally described on Exhibit A, is hereby vacated and shall no longer constitute an easement or right of way or other interest in real property of the City of Temecula and shall revert to the Owner. This vacation is subject to the condition, and this Resolution shall not be recorded, until such time as the City Engineer Resos\96-08 has accepted and approved a document to be recorded concurrently with this Resolution relocating the Access Opening for Parcels 5 to an alternate location on Parcel Map No. 22300 as approved by separate action of the City Council. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 23rd day of January, 1996. F.Lindemans, Mayor ATTEST: u@ne . reek, CMC Cii-y Clerk [SEAL] Resos\96-08 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 96-08 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 23rd day of January, 1996, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Birdsall, Roberts, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ne S. Greek, -CMC City Clerk Resos\96-08 3 EXHIBIT 'A' TO RESOLUTION NO. 96-08 Summarily vacate an existing thirty-six foot (36') access opening on Jefferson Avenue between Overland Drive and Via Montezuma, subject to the approval of an alternate access to Parcels 5 of Parcel Map No. 22300. (Legal description attached) Resos\96-08 4 TEMECUL.A@ 3W RANCHO @"w Jefferson Avenue -p 62-88 TM TISFM Km u3a @.FICATEof ACCE"ANCR: of EASr:Meff TM OFTM c (G Code 27281) CoLwrfop me OFPI= To n FM RHIS LS TO CER i IFY tW tw in red $NOMIY bY VW @.cooillica u 10 CC>UNFY OF a Cot PO oft WWOR @-lo@ bvoruaift@dSupp@4onftdao M@.brftp";m ot,,wmbgwojnft@d an b" co VW kw w4 uWy u"3 u pan of ft @ty Mwabnod Aosd IPLI IoN @byftdutya@odafter 9 Nov 810 G A. HMON By EASEMC-NT r,At,'CO:.' RFALTY FUND 1, a California limited partnership, grangs) to the County of Riverside an easement for public road and drainage purposes. including public utlity and public services purpos*3. Over, upon, across, and within the real property In the County of River3ide. State of Callfomia, deschbod as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF Dated:-/C - 2 @-e-P EALTY FUND 1, d California 1 rtnership B inancial Corporation y By: Ro its pi7esident By: Gg@loway, its secretary x x x x x x x x x xx x X A A By:_ NOV STATE OF CALIFORNIA COUNTY OF RIVERSIDE cl ci On before me, the undersigned, a Notary Public- in and for said State, personally appeared Ronald E. Douglas and Roger G. Galloway, personally known to me or proved to me on the basis of satisfactory evidence to be the persons who executed the within instrument as the President and Secretary, respectively, of Rancon Financial Corporation, the corporation that executed the within instrument or, behalf of Rancon Realty Fund I, a California limited partnership,, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. priAL &&AL Notary Public LEGAL DESCRIPTION DEbIC44'rltVAI OF ACCESS RIGHTS PARCEL 5, PM 149/1-2 A 3 6 FOOT ACCESS OPENING IN THE CC)UNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLTOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 5 OF PARCEL MAP 22300, AS SHOWN BY MAP ON FILE IN BOOK 149, PAGES 1-2 OF PARCEL MAPS, SAID POINT LYING Oll -HE WESTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE, AND BEING A POINT ON A CURVE, CONCAVE SOUTHWESTERLN@, HAVING A RADIUS OF 950.00 FEET AND N RADIAL WHICH BEARS N 830 11128"E,' THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF @-29-&0411, AN ARC LENGTH OF 207-.'DO FEET TO THE POINT OF BEGINNING; THENCE NORTH'QESTERLY, CONTIlquING ALONG SAID CL-RVE, THROUGH A CENTRAL ANGLE OF 020 10117", AN ARC LENGTH OF 3C.00 FEET TO TliE END OF SAID ACCESS OPENING. 30 EXHIBIT 'B' TO RESOLUTION NO. 96-08 SUBJECT SUMMARY VACATION - A PORTION OF JEFFERSON AVENUE (Map Attached) Resos\96-08 5 IXD/Cgr/#Ai. OF ACCESS 91614Tu5 P,49CEL 5; iw,&f. ?2,700 cn PCL. L/ Y MAP CTVIL ENGINEENING-SUTIVEYING-LAND PLANNING N. r S. 4 1 0 3 4 MAIN sTnCET * TENC CULA. CA 0 2 3 0 0 o (7 t 4) 0 7 0 - 5 7 I 3 ,)L.Ni bi - I-IU-Urj ;!U.UOA,@l @P'r RECORDING REQUESTED RY CiLy of Ten*CUIA PER rc)VIT CODE 6103 ANT) WHEN @ORDED MAIL TO city of Temeula - City Clark 43174 WAtimeR Park Dr. Terowula, CA 92i9O MAIL TAX STATRAENIS TO City Of Temmuls 43174 ]w@" Park M. Temcula, CA 92590 L I I I Ut I L,@1LL L LA- OF'FER OF DEDICATION ROAD PURPOSES (Corpomtion) The undersigned, being the present title owner(14) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its successors or assigns, for street and highway purpose.%, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat ])lap) attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns &hall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding ulx)u heirs, successors, assigns, and personal representatives of the respective parties hereto. IN WITNESS THEREOF, them proseq(l have executed this instrument thi,: - (-P - day of @arltACt( 199@- STATE OF CALIFORNIA) SS. COUNTY OF RIVERSIDE) On (',I I - I L, -cl L, , before me die under%@gned, a Ner6,,Publi@in and for the State of Calif(imia, personally appeared t ta 0 @ccki@ (or proved ti) me on the basis of satisfactory evidence to he the persons) whose nanie(@ i@ - -ribed to the within instminent @d acknowledged to me that .iubsl he/sh@@ey executed the -4arm in his/ uutitorized cal-.*cit@ and that by his ignaturto(on the instrument the pei-son(@ or the entity upon behalf of whic@tie @n@eted, executed the instrument. WITNESS illy @ayd and of, cial WWI. signature ACCEPTANCE Fl ATE The City Council, City of Temecula hereby accepts the grant of real property as set forth above, City of Temecula RICHAR..D L. EVANS GENERAL PTNR. die and Title RICHARD L. EVANS By: Karel F. Lindemans, Mayor ATTEST: BY: June S. Greek, City Clerk APPROVED AS TO FORM: BY: Peter Thorson, City Attornev 2-,Ni bi I-lt)-Uti IU-UOA@@l @Vr RECORDING WUEMD Sy ciiy,3(Tonvcula PER GC)VIT CODE 6103 AND WHEN RWOltDM MAIL TO City .(T.@ula @ City Clark 43174 Bu@ P.,k Dr. Termwis. CA 9MOO MAIL TAX STATEM@ TO City o(To@l. A3174 nurse Park Dr. T@cula, CA 92590 OFFER OF DIEDICATION @.111 (Ji- l@.@ILLLLA- ROAD PURPOSES (Corpomtion) The undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and it% Successors or asNigrLg, for street and highway purpose.-;, the real property situated in the City of Temecula, Ct;unty of Riverside, State of California, described in Exhibit "A (written description) and qhown on Exhibit "B" (plat map) attached lieret(@. It is understood and agreed that the City of Temecula and its qucc&L-4irs or assigns &Ml incur no liability with respect to quch offer of dedication, and shall not assume any responsibility for the offered parcel (if land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of' the local governing bodies or its successors or assigns. The provisions hereof shall inure to the henecit of and be binding ulx)ii heir.%, successors, &%signs, and personal repre-@ntative.% of @ rcsprctive parties hereto, IN WITNESS THEREOF, these presents have executed this instrunmnt RICHAR.-D L. EVANS GENERAL PTNR tiliq - i (P day of 0- n (,i cc 199@ aie suid Title STATE OF CALIFORNIA ) SS. COUNTY OF RIVERSIDE) On , before ine the undei-.%ib@, Nnry Plublic in and for the State (.if Cali fc)mia, personally appeared @Ccri @- k (or proved u) me (m the basis of RICHARD L. EVANS satisfactory evidence to he the penono) whose naiiie(@is@ su@-ribed to the within instrument and acknow6di@ to me that he/sho"e.y executed the 4arm in his/ authorized capft-it@ and that by his igmtureo(on the instrument the perbl.0 ted, executed or the entity upon behalf of which the person th C,. 0 Hk.FlL:I'ON F ijif.truinent. CC' C,@, F', f WITNESS iiiy 49d and official umi. Sit.ilature ACCEPTANCE-C IFI A-TE The City Council, City of Temecula hereby accepts the grant of real property as set forth above. City of Teriiecula By: Karel F. Lindemans, Mayor ATTEST: BY: June S. Greek, City Clerk APPROVED AS TO FORM: BY: Peter Thorson, City Attornev LEGAL DESCRIPTION DEDICATION OF ACCESS RIGHTS PARCEL 5, PM 149/1-2 A 36 FOOT ACCESS OPENING ALONG JEFFERSON AVENUE, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF PARCEL 5 OF PARCEL MAP 22300, AS SHOWN BY MAP ON FILE IN BOOK 149, PAGES 1-2 OF PARCEL MAPS, RECORDS OF SAID COUNTY, SAID CORNER ALSO LYING ON THE WESTERLY RIGHT OF WAY LINE OF JEFFERSON AVENUE, AND BEING A POINT IN A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 950.00 FEET AND A RADIAL LINE THROUGH SAID POINT WHICH BEARS N 83011'28@' E; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12047'10", AN ARC LENGTH OF 212.00 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY, CONTINUING ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02010@'17", AN ARC LENGTH OF 36.00 FEET TO THE END OF SAID ACCESS OPENING. DEDICATION OF ACCESS RIGHTS P-@R@@EL 5, P.M. 22300 0 Ln ,L= C) 2' 17" R=95( L=36. LDEDICATION OF ACCESS RIGHTS PCL. 5 POINT OF P.M. li49/']-@2 COMMENCE P.M. 121 /40-4-1 RANCHO c VICINITY MAP